A fire wall is composed of material that has the ability to resist fire. which subdivides a building or adjoins separate buildings, which under fire conditions has the ability to maintain structural integrity. If the fire wall requires a mounting or construction with multiple components, the device or method is usually called a fire-stop system or assembly. Determining the fire rating is usually not done analytically but rather experimentally. The ASTM (American Standard for the Testing of Materials), specifies testing standard for fire resistant materials, specifically with tests ASTME-814 and ASTME-E 119. The ASTME-814 test specifies furnace test for materials to establish fire ratings of specific materials, and ASTME-119 specifically for fire retardant wallboard structures. ⅝ inch gypsum wallboard. according to ASTM E119, should provide a one hour fire rating for a wall, column, slabs, floor; roof, ceilings, and wallboard structural components. In addition to ASTM standards local fire codes for municipalities and local governments are based on a large part on National Fire Protection Association (NFPA). The NFPA codes are categorized by type of fire hazard. The NFPA codes that specifically apply to this patent are:                NFPA 92A: Recommended practices for Smoke-Controlled Systems        NFPA203: Guide on Roofing Deck Coverings and Roof Deck Constructions        NFPA 221: Standard for Fire Walls and Fire Barriers        NFPA 251: Standard for Tests of Fire Endurance of Building and Construction and materials        NFPA 101: Code for Life Safety from Burning Buildings and Fire        
Materials with various additives for increased structural strength, decreased weight, increased fire resistance, and other material properties are well documented within the literature. U.S. Pat. Nos. 4,008,187 4,123,575 4,338,374 4,486,553 by Turley, Wesch et al., Neser, and Wesch respectively. Turley defines a polyurethane foams are containing flame retardant additives; Where Neser's patent is for a fire proof material alkali and metal silicate solution. Each of these patents' scope is in regard to a specific materials and their method of manufacture. Each of Wesch's patent's are in regard to fireproof layered materials consisting of resin, disclose material properties and method of production.
Additives and material composition patents for gypsum wallboard specifically also exist in the prior art. One example is U.S. Pat. No. 6,755,907 by Westerman, et al., which describes a gypsum composition made with a styrene butadiene latex additive. The added latex makes the board lighter and less dense, while maintaining the strength of the wallboard. Also included in the literature are methods of manufacturing wallboard for improved properties. The U.S. Pat. No. 6,929,875 by Savoy, et al. invented a method of manufacture which includes dispersant and foaming agent combination for production of gypsum wallboard and other aqueous cementitious products; which has the benefit of more efficiently entrains air creating void space, and thereby lowering the board's weight without detrimentally affecting strength. A further improvement on the field is made in U.S. Pat. No. 6,489,040 by Rohlf, et al. Paper cover sheets usually dress gypsum wallboard. The wallboard usually had problems involving delaminating and peeling off of the wall paper sheets. The patent defines an additive of resin to improve adhesion of the paper to the wallboard. In addition to wallboard's chemical composition and manufacturing process, the materials necessary for sealing and joining wall boards are also part of the prior art. U.S. patent by Olson, et al., U.S. Pat. No. 6,112,488 define a fire barrier material for gaskets for architectural joints. The joining of two surfaces by an intumescent material creates an adhesion.
The patent disclosed herein may be comprised of any fire retardant or fire resistant material, although it is preferable that it be made for a gypsum wallboard construction. Use of a caulking material or intumescent coating in installation, although preferable, does not interfere with the scope of this patent. The wallboard should preferably have a paper coating, as described in the literature, and more specifically by Rolf, et al. However, to avoid peeling and adhesion problems on the dressing, it is preferable to have a metal stripe on the bottom of the invention to provide an aesthetic and functional dressing.
In addition to the patentability of materials, the prior art shows the patentability of pre-fabricated panels and methods of construction that either consist of fire proof or fire retardant materials. A patent by Stayner (U.S. Pat. No. 4,837,999) discloses an invention for a panel to be used as a prefabricated wall and/or roof panels having an inner and outer skin coupled to a center core are known in the art. The panel is specified to made of a material which will not become toxic in case of a fire. A further example of a prefabricated panel is described in U.S. Pat. No. 6,216,410 by Haberman, which discloses an invention for a prefabricated panel, which can provides a modular method of interlocking panel construction. U.S. Pat. Nos. 5,022,210, 4,154,030, 4,478,018 define systems of prefabricated methods of construction that involves components, interlocks and joints that interlock for making prefabricated buildings or rooms. All of these patent disclosed show how the shape and function of the wallboards, method of construction, and specified materials may provide distinct advantages in a novel fashion. They do not however address the specific problem of that this patent address, of filling structural gaps, and more specifically gap between a metal deck and head of a wallboard.
Methods of filling structural holes, gaps, and sealing for building surfaces exist by various methods, and is a major area of the prior art with numerous patents. One method for securing a wallboard panel, which has the advantage of providing a seal between wallboards by Wynar, in U.S. Pat. No. 4,831,808. Wynar describes a system of distortable mechanical clips made of a resilient material which secure wallboards. When joined, the seal in-between the wallboard forms a tight barrier in the surface of the built wall for fire and smoke. Furthermore as the gypsum wallboard distortions while retaining, the clip my mechanical means will readjust to maintain a fire and smoke proof seal longer. Another mechanism in wall board construction and construction in general is for a mechanical hole plugging device by Hildebrandt, in U.S. Pat. No. 6,102,641. The device described a method of installing hole plug consisting of at least two notched washers on a threaded shaft with a bolt head. One washer can be placed in hole to be repaired, and the other as a exterior washer providing support. The damaged section of the structure can then be sealed after tightening the device, making it fire and smoke retardant. A hole plug disclosed in U.S. Pat. No. 5,301,475, by Stefly, addresses a hole specifically for a fire stop device. Stefly addresses the problem of fire and smoke passing through structural walls where piping for conduit is passing through. The piping is normally lined with a caulking for improved fire retarding purposes. The invention describes a mechanical support layer where the base-plate of which automatically closes if the pipe where to melt improving the fire and smoke resistance.
The patents of Wynar, Stefly, Hildebrandt illustrate that mechanisms of construction, and devices for sealing structural holes are patentable innovations. However these devices do not define the scope of this invention, nor do they solve the problem of sealing the gap between the fluted deck and wall head of the wall to meet fire and smoke codes. While they contribute to the fire retardant integrity of the structure, they do not define the structure itself, or a panel which seals holes in structures.
U.S. Pat. No. 4,936,064 by Gibb, and U.S. Pat. No. 5,666,775 by Shreiner et al., and U.S. Pat. No. 5,301,475 by Olsen, et al. are indicative of patent where the scope includes novel application specific panels and methods of construction. Shreiner's and Olsen's inventions relate to a fireproof panel for closing openings in between structures, specifically for between walls and/or ceilings. The patents address the issue gaps in structures and goes on to claim the panel as a joint cover and method of joining. The patents continue to describe the benefits of noise level control, sustaining of earthquakes by allowing greater movement to occur, and fire proofing qualities. Olsen's patent differs in that the panel is multi-layer: one for mechanical support and the other a fire retardant material which has the advantage of replacing silicone caulking. While these patents describes a panel used in covering structural gaps, this panel's primary purpose is for a cover that acts as a cover for structural expansion joints prone to disturbance and stresses from earthquakes. Gibb's patent is for a more general applications which describes a fireproof panel for closing openings found within structures due to gaps in existing construction, or holes that must exist to allow for pipes, electrical conduits, and other hardware. The panel described a multi-layer panel with an exterior made of a reinforcing material for shape and structural integrity, and fire resistant filler. Gibb's goes on to define materials and the how the geometry may be varied to meet the specific application of panel, and further illustrates how the invention may be applied. Gibb's work could be used to fire-proof almost any gap, including the gap at the head of the wall board and fluted deck, as can any fireproof panel may be cut or shaped. However Gibb's primary purpose is to provide a means of construction to allow gaps caused by construction for electrical conduit, ducts, pipes, and other building service hardware, to be made aesthetically and structurally dressed while maintaining fire safety compliance. Gibb's patent would still be too time consuming, difficult to implement, and expensive to solve the problem of filling the gap at the head of the wall board and fluted deck. This present patent describes an application specific wall-board section which would increase the speed and decrease the cost in wallboard construction fireproofing, because of its specific of matching the gap in the deck.
Most construction of drywall panel involves having a plurality of joists, and having the wallboard nailed on to an existing frame. One patent in the literature by Daudet, et al. (U.S. Pat. No. 6,691,478) exists for a joist support apparatus. The invention describes a method of forming walls, floors, and ceiling wallboard construction frames. Many ceilings are suspended from roof decks and ceilings above. To form a ceiling that is structurally secure and fire safe various methods of construction and devices exist in the literature. Jahn describes such a system in U.S. Pat. No. 3,977,144. The ceiling panels are adapted to be successively installed in a suspended grid structure with reinforcing members secured by screws or a suitable adhesive to the associated panel. An example of further developments in the prior art are in U.S. Pat. No. 4,866,900 by Dunn describes a furring system for suspended ceilings that are interconnected and compliantly allow bending to relieve thermal expansion and has cross members formed of the channels. A similar invention in spirit is U.S. Pat. No. 4,850,169 by Burkstrand, et al. for a ceiling runner. The ceiling runner is comprised of an elongated generally U-shaped channel member having longitudinally spaced openings, each end portion is shaped to hold an upright C-stud therein. Essentially the patent describes a system of a particular geometry, for a runner to provide a structural support for a ceiling with wallboard panels.
While all these patents define construction fire safe methods for wallboard construction, they do not define walls that extend to the metal deck. Recent construction trends have wall extending fully, and new codes as described in NFPA regulations, must make the gap made between the metal deck and the head of the wall fire retardant and smoke retardant. A patent by Reynolds (U.S. Pat. No. 4,631,884) describes a building system for a curtain wall system with a finishing gasket means locking the infill in place, and having a wall extend up fully. But this patent is for a curtail type wall rather than a wallboard type construction, and does not solve the same problem as the present invention described herein. Prior art which approaches the problem of fireproofing the gap at head of wall and deck is the US application No. 20030079425 by Morgan, et al. The application describes a bag-like structure which fills gaps between ceiling and vertical walls (the problem addressed in this patent application), and other gaps and holes between walls. The method of which this application achieves this is by having a bag of sorts that is filled after construction with fire-retardant material creating a fire protecting barrier. The disadvantages of this patent are the complexity and cost. Although it solves the same problem, it also differs in approach. The work of this invention described herein, is for a pre-fabricated fire proof board which fits into the gap of the ceiling with a metal fluted deck and vertical head of wall gap.